• File secondary copies of original documents verified by Nazar, original for inspection during cross

Plaintiff ’s application requesting exemption from filing original documents,instead to file secondary copies of original documents verified by the Nazar and present original documents to the honorable Judge for inspection during the Plaintiff’s cross examination. Honorable Court was pleased to reject this application.

The retired and aging 69 years old Plaintiff’s Original documents are almost 29 years old and fragile. This is the ONLY house (self acquired) the aging Plaintiff and her husband 80 years old owns. One of the defendants sent a hateful email creating more apprehension and fear. All Appeals for Temporary Injunctions have failed.
Question is: 
1.	What is the difference between filing ‘Revision’ and “Appeal’ ? Does the 
 Revision contain all the wordings that is usually mentioned in the ‘Appeal’ application ? 
2.	In case ‘Revision’ is rejected, is there any chance of filing further in higher Court and how long 
 does it take ?
Kindly Help
Asked 11 months ago in Property Law from Pune, Maharashtra
Religion: Hindu

 1

Appeal is right wherein specific provision for appeal are there in the statute like CPC provides for appeal of various order other then that appeal cannot be filed.Revision is filed under 115 CPC wherein the grounds as mentioned under the section satisfies and further the revision is filed in cases were option of appeal is not there.

The grounds in appeal and revision are different.

2. Yes there is chance to approach the higher court.

Shubham Jhajharia
Advocate, Ahmedabad
23448 Answers
94 Consultations

5.0 on 5.0

You can approach High Court based on the order. It won't much time. Original documents are primary documents. The court generally requires them Although you have verified them from court Nazir that doesn't make them primary. They are still secondary. 

Since I practice at Bombay High Court I have handled many such petitions before.

Sanket Deshpande
Advocate, Greater Mumbai
7 Answers

Not rated

Revision lies against orders which are not appealable 

 

appeal lies against judgment given on facts and law 

 

Revision can be filed  in HC 

Ajay Sethi
Advocate, Mumbai
73014 Answers
4384 Consultations

5.0 on 5.0

Revision is reexamining again in order to remove any defect or grant relief. Appeal not defined so it is judicial examination by a higher Court of a decision of an inferior Court.

Both can file simultaneously. If revision rejected can appeal agasint it. Get the documents laminated.

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

Yes revision and appeal are different proceedings appeal has wider powers than appeal. If revision is rejected you can file writ petition in hc

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

Though “appeal” and “revision” appear to be similar legal terms, there are certain subtle differences between them. The distinction between an appeal and a revision is a real one.

Appeal: There is no definition of the word “appeal” in any statute. It can be defined as the judicial examination by a higher Court of a decision of an inferior Court. It is a legal proceeding by which a case is brought before a higher court for review of the decision of a lower court. Appeal is a process of re-examination by a higher court of the judgment, or the order or the decision made by a lower court in a suit or in a case. Appeal is the right of entering a superior court and invoking its aid and interposition to redress the error of the court below. It is a proceeding taken before a superior court for reversing or modifying the decision of an inferior court on ground of error.

Revision: Revision is the act of examining again in order to remove  any defect or grant relief against irregular or improper exercise or non-exercise of jurisdiction by a lower court. Revision is like re-working and re-writing. Revision means the action of revising, especially critical or careful examination or perusal with a view to correcting or improving.

In Criminal Procedure Code (Cr.P.C.), the provisions relating to appeal are contained in Sections 372 to 394, while provisions relating to revision are contained in Sections 397 to 405.

In Civil Procedure Code (CPC), the provisions relating to appeal are contained in Sections 96 to 112, while provisions relating to revision are contained in Section 115.

Generally speaking, there are following major differences between the legal terms “appeal” and “revision” (though the actual difference between these terms will depend upon the provisions of the law in which they are contained, such as in Criminal Procedure Code or in Civil Procedure Code or in the other relevant laws):

  • Appeal is generally a legal right of a party, but revision depends on the discretion of the Court, due to which it cannot be claimed as a matter of right. In particular, in criminal cases, at least one appeal is a substantive right conferred on accused by the statute (and it is also considered a part of the fundamental right guaranteed under Article 21 of the Constitution), while the revision power is discretionary and is not a matter of right.
  • In case of appeal, the appellant is heard by the court. But, it is not necessary in the case of a revision and the person filing the revision may not be formally heard.
  • Under the Civil Procedure Code, an appeal lies to a superior court (which may not necessary be a High Court), while a revision application lies only to the High Court (under Section 115 of the Code).
  • Under the Criminal Procedure Code, the appeal lies to a superior court (which may be any superior court as laid down in the relevant provisions), but the revision lies only to the High Court or the Sessions Court (Section 399 of Cr.P.C.).
  • Appeal is required to be filed by a party to the proceedings, but revision can also be exercised suo motu by the higher court having the power of revision.
  • Generally, revision is exercised against those orders which are not appealable.
  • Generally, appeal involves rehearing on question of law as well as on facts of the case, whereas revision generally involves hearing only the question of law and this is not considered a rehearing.
  • An appeal is considered to be a continuation of the original proceeding whereas revision is not the continuation of the original proceeding.

 

In case the revision is rejected, you may approach the HC against the said order OR you may approach any other higher court. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17447 Answers
283 Consultations

5.0 on 5.0

1.  Revision petition is agaisnt the orders passed in the Interlocutory application by the trial court, which can be filed before high court only.

Appeal is against the judgment passed by the trial court, since this was an IA, no judgment but only an order was passed, hence revision is maintainable.

2. No, you may have to approach supreme court only agaisnt the orders of high court

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

Dear sir

The difference between appeal and revision is very simple

In appeal there is removal of error by trail court in judgement on basis of evidence given in the trail court

In revision there is re examination of the facts and evidences by higher court. 

 Yes you can file revision in higher court but it depends on the discretion of court it can be rejected by higher court but appeal is legal right of the party. 

Mohit Kapoor
Advocate, Rohtak
7134 Answers
2 Consultations

5.0 on 5.0

Dear Sir,

Appeal: Appeal is a process of re-examination of the judgment and decree, or order or the decisions passed by the original court is a suit or in a case. The expression “appeal” has not been defined in the code, but it may be defined as “the judicial examination of the decision by a higher court of the decision of an inferior court”.

Revision: Revision is re-working and re-writing. Revision, meaning "to see again," takes place during the entire writing process as we change words, rewrite sentences, and shift paragraphs from one location to another in our essay. Revision means the action of revising, especially critical or careful examination or perusal with a view to correcting or improving.

The distinction between the appeal and revision in the following:

(1) An appeal lies to a superior court, which may not necessary be a High Court, while a revision application under the code lies only to the High Court.

(2) An appeal lies only from the decrees and appealable order, but a revision application lies from any decision of a court subordinate to the High Court from which no appeal lies to the High Court or to any subordinate court.

(3) A right of appeal is a substantive right conferred by the statute, while the revisional power of the High Court is purely discretionary.

Netravathi Kalaskar
Advocate, Bangalore
4722 Answers
24 Consultations

4.8 on 5.0

  1. Yes, there has been difference in both the legal terms/ terminology.
  2. Revision is that one in which the matter will go before the same judge who passed the order for further putting his judicial mind in the matter.
  3. Chances of relief in revision are very low as the judge may not be read towards to revert back his own order.
  4. And after that also, you can go in Appeal as it means appeal from any order including the revision one also.

Sanjay Baniwal
Advocate, South Delhi
5043 Answers
11 Consultations

5.0 on 5.0

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